EPA VOC and Methane Standards for Oil and Gas Facilities

April 10 2025 Independent Petroleum Association of America, et al v. EPA, et al, Docket #:24-1242 (D.C. Circuit July 12, 2024) the Court granted EPA’s unopposed motion to continue to hold the case in abeyance while the Trump administration reconsiders the Greenhouse Gas Reporting Rule Subpart W, ordering the parties submit status reports in 60 day intervals with the first due June 9, 2025. This case previously was consolidated with other challenges to the Subpart W rule, including Docket #s: 24-1243, 1247, & 1248.

March 14, 2025 EPA issued a final rule extending the reporting deadline under the Greenhouse Gas Reporting Rule for reporting year 2024 data from March 31, 2025, to May 30, 2025. The rule does not impact future reporting deadlines and it does not change any requirements on what regulated entities must report.

March 12, 2025 EPA announced its is reconsidering Biden-era regulations for the oil and gas industry under Section 111 of the Clean Air Act and Subpart W of the Greenhouse Gas Reporting Program.

The EPA Office of Enforcement and Compliance Assurance issued a memo with guidance on how the agency will implement enforcement initiatives consistent with the President’s executive orders. Among other rollbacks, the memo stated that enforcement actions “shall not shut down any stage of energy production (from exploration to distribution) or power generation absent an imminent and substantial threat to human health or an express statutory or regulatory requirement to the contrary” and that “enforcement and compliance will no longer focus on methane emissions from oil and gas facilities.”

Feb. 27, 2025 Congress repealed the rule implementing the methane waste emissions charge for oil and gas facilities in the Inflation Reduction Act using the Congressional Review Act. Despite repealing the rule, the charge itself remains in the statute.

Feb. 11, 2025 Texas et al. v. EPA et al., No. 24-1054 (D.C. Cir) held in abeyance. Motions due June 9, 2025. 

Jan. 17, 2025 Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA) sent a final rule to the Federal Register to improve natural gas pipeline safety, including by enhancing leak detection and response.

Jan. 15, 2025 Petitioner industry associations filed a challenge to the WEC rule in the D.C. Circuit Court of Appeals.

Jan. 10, 2024 Parties filed a renewed joint motion to hold American Exploration & Production Council v. EPA, Docket No. 24-1248 (D.C. Cir. July 15, 2024) in abeyance.

Dec. 20 2024 In response to the industry petitions it received, EPA issued a final rule addressing two technical matters, EPA’s Final Rule to Reduce Methane and Other Pollution from Oil and Natural Gas Operations: Proposed Reconsideration Addressing Two Technical Issues. The technical amendments involve temporary flaring provisions and continuous monitoring requirements for flares.

Nov. 18, 2024 EPA published the Waste Emissions Charge for Petroleum and Natural Gas Systems: Procedures for Facilitating Compliance, Including Netting and Exemptions rule (WEC rule).  The regulation implements the Inflation Reduction Act’s Waste Emission Charge, Methane Emissions Reduction Program (MERP). The WEC rule required EPA to impose and collect a charge annually on facilities that exceed methane emissions limits set by Congress.

Oct. 7, 2024 The Office of Management and Budget (OMB) received EPA’s draft proposed rule for Reconsideration of Standards of Performance for New, Reconstructed, and Modified Sources and Emissions Guidelines for Existing Sources for review. The draft proposed rule addresses two issues on which EPA granted reconsideration: vent gas net heating value monitoring and alternate sampling demonstration requirements for flares and enclosed combustion devices and temporary flaring provisions for associated gas in certain situations.

Oct. 4, 2024 The Supreme Court denied industry and state petitioners’ applications for stay.

Sept 27, 2024 American Exploration & Production Council v. EPA, Docket No. 24-1248 (D.C. Cir. July 15, 2024) held in abeyance.

Sept. 4, 2024 The court issued an order severing case No. 24-1118 and specific aspects of the rule related to flares from the litigation and holding it in abeyance. The court also set the briefing schedule, with final briefs due on April 17, 2025. State of Texas v. EPA, Docket No. 24-1054 (D.C. Cir. Mar 8, 2024).

Aug. 27, 2024 Oklahoma and other states asked the Supreme Court to stay EPA’s oil and gas methane rule after the D.C. Circuit declined to stay the rule. The states asked the Supreme Court to pause the portion of the rule that applies to existing oil and gas sources from going into effect. Oklahoma v. EPA, Supreme Court Docket No. 24A213. On October 4, 2024, the Supreme Court denied industry and state petitioners’ applications for stay.

August 15, 2024  EPA filed its response brief in defense of its methane rule for oil and gas facilities. State of Texas v. EPA, Docket No. 24-1054 (D.C. Cir. Mar 8, 2024).

July 15, 2024 Industry petitioners filed a challenge of the Subpart W rule. American Exploration & Production Council v. EPA, Docket No. 24-1248 (D.C. Cir. July 15, 2024).

July 9, 2024 The DC Circuit denied requests to stay EPA’s oil and gas methane rule from Oklahoma and a coalition of other states, stating that the petitioner did not satisfy the requirements for a stay pending judicial review. State of Texas v. EPA, Docket No. 24-1054 (D.C. Cir.).

June 6, 2024 Interstate Natural Gas Association of America filed a motion to intervene. State of Texas v. EPA, Docket No. 24-1054 (D.C. Cir. Mar 8, 2024).

June 4, 2024 The D.C. Circuit issues a scheduling order requiring responses to the stay motions due June 11, 2024 and replies to the response due June 18, 2024 (later extended to June 24, 2024). State of Texas v. EPA, Docket No. 24-1054 (D.C. Cir. Mar 8, 2024).

May 14, 2024 EPA published its final rule amending Subpart W of the Greenhouse Gas Reporting Rule, as required by the Inflation Reduction Act, to incorporate empirical data.

May 6, 2024 EPA published a letter granting reconsideration on two issues: vent gas net heating value monitoring and alternate sampling demonstration requirements for flares and enclosed combustion devices and temporary flaring provisions for associated gas in certain situations. 

April/May 2024 Several state and industry petitioners filed a motion asking the D.C. Circuit to stay EPA’s new source performance standards. Texas et al. v. EPA et al., No. 24-1054 (D.C. Cir).

March/April 2024 Twenty-five states, as well as the Arizona legislature, filed petitions asking the D.C. Circuit to review EPA’s final new source performance standards for new and existing oil and gas facilities. Industry groups filed petitions challenging EPA’s methane regulations. Environmental NGOs also filed a petition challenging the regulation. Texas et al. v. EPA et al., No. 24-1054 (D.C. Cir).

Jan. 12, 2024, EPA announced a proposed a rule that would implement the IRA’s Methane Emissions Reduction Program. The IRA directed EPA to impose a charge on methane emissions that exceed specified thresholds from owners or operators of large oil and natural gas facilities. 

Dec. 2, 2023 EPA issued the final new source performance standards and emissions guidelines for new and existing oil and gas facilities.

July 6, 2023 EPA issued proposed rules to update Subpart W for its Greenhouse Gas Reporting Rule in accordance with the Inflation Reduction Act. 

Dec. 6, 2022 EPA published the Supplemental Proposal. 

Nov. 11, 2022 At the UN climate conference in Egypt (COP27), President Biden announced the release of EPA’s Supplemental Proposal to reduce methane emissions from the oil and gas sector. This Supplemental incorporated feedback from commenters on the 2021 Proposal and proposes a more comprehensive regulatory framework that encourages use of advanced technologies to reduce emissions. To learn more, read our paper discussing the Supplemental Proposal here.

Nov. 4, 2022 EPA issued a Request for Information for input to inform the program design for the IRA’s methane provisions and other air quality programs. 

Aug. 16, 2022 President Biden signs the Inflation Reduction Act, which included a backstop methane waste charge for large emitters. This fee applies until and unless all states have EPA-approved state implementation plans for the forthcoming methane rule. Read more about the IRA’s impacts on methane here.

May 6, 2022 Bipartisan lawmakers wrote a letter to EPA Administrator Regan urging EPA to adopt a “matrix approach” that allows for flexible implementation of emerging advanced emission detection technologies as an alternative to BSER without waiting for EPA to issue a new rule.

Nov. 2, 2021 EPA proposed new performance standards and emissions guidelines for new and existing oil and gas facilities. The proposed rule included performance standards for new and modified oil and gas facilities and included for the first time, emission guidelines for existing sources. 

Sep. 18, 2021 The US and EU jointly announced a pledge to reduce global methane emissions by at least 30 percent from 2020 levels by 2030. The announcement is also an invitation to other countries to join. 

April/June 2021 The U.S. Senate passed the Congressional Review Act resolution disapproving of the Review Rule, sending it to the House.

The U.S. House voted for a Congressional Resolution Act resolution to revoke the Review Rule. President Biden signed the resolution on June 30, 2021.This CRA nullified the Trump administration’s rule that cut transportation and storage facilities and determined methane was duplicative for the remaining facilities.

May 14, 2021 EPA opens a non-rulemaking docket for public input on reducing emissions of methane and other air pollutants from new and existing sources in the oil and natural gas sector.

April 26, 2021 The U.S. Senate passes the Congressional Review Act resolution disapproving of the Review Rule, sending it to the House.

March 25, 2021 Congressional Democrats announce they will propose a resolution of disapproval under the Congressional Review Act for the Review Rule. This would nullify the rule that cut transportation and storage facilities and determined methane was duplicative for the remaining facilities but leave the Reconsideration Rule’s technical amendments on well completions, pneumatic pumps, storage vessels, fugitive emissions, inspections, etc. to the EPA to address through new rulemaking.

Feb. 12, 2021 The D.C. Circuit agreed to hold the case brought by states and cities in abeyance and directed  EPA to file status reports every 120 days beginning June 14, 2021. California v. Wheeler, No. 20-1357 (D.C. Cir.).

Feb. 1-5, 2021  EPA filed motions to hold the case challenging the Trump era methane rules in abeyance. CA v. Wheeler, 20-1357 (D.C. Cir.); EDF v. Wheeler, 20-01359 (D.C. Cir.) as well as in case numbers 20-1360, 20-1364, 20-1367 in the D.C. Circuit.

Jan. 20, 2021 President Biden signed EO 13990 instructing EPA to consider suspending, revising or rescinding the Trump era rule for new sources by May 2021. It also directed EPA to propose a rule for existing sources by September 2021.

Sept. 14-15, 2020 EPA finalized the Review and Reconsideration Rules  removing regulatory requirements for the transmission and storage segments of the oil and gas industry. A coalition of 24 states and municipalities filed  challenges the Review Rule, arguing it violates the Clean Air Act. CA v. Wheeler, 20-1357 (DC Cir.). A coalition of environmental groups also sued EPA in the DC Circuit challenging both the Review Rule and the Reconsideration Rule. Consolidated under Environmental Defense Fund, et al v. Andrew Wheeler, et al, Docket No. 20-01359 (D.C. Cir.).

August 13, 2020  EPA released its final rescission and revision of the 2012 and 2016 VOC and methane standards for oil and gas facilities. The two actions, referred to as the Reconsideration Rule and Review Rule, fully rescind VOC and methane standards for transmission and storage and methane standards for all segments, and revise standards for VOC emissions in the production and processing segments. The rule would limit the ability of EPA to regulate GHG emissions from any source.

Aug. 29, 2019 EPA released a proposal to roll back methane regulations finalized in 2016. The proposal rescinded emissions limits for methane on oil and gas production and processing. EPA also included a proposal to remove transmission and storage from regulation and requested comment on alternative interpretations of EPA’s legal authority to regulate pollutants under section 111(b)(1)(A) of the Clean Air Act. A number of larger energy companies urged the administration not to rescind the regulations while smaller operators who have not yet significantly invested in methane reduction are supportive of rescission. 

Oct. 15, 2018 EPA published its proposal to revise the 2016 oil and gas NSPS. 

April/May  2018 Fourteen states, the District of Columbia, and the City of Chicago sued EPA for its failure to regulate emissions from existing oil and gas operations. NY v. Wheeler, 1:18-cv-00773 (D.D.C.). Environmental Defense Fund intervenes on behalf of the state plaintiffs.

March 12, 2018 EPA published a final amendment to the 2016 NSPS rule allowing leaks to go unrepaired during unscheduled or emergency shutdowns.

March 9, 2018 EPA published a notice of proposed withdrawal of Control Techniques Guidance issued on October 27, 2016, which provided recommendations for reducing VOCs from existing oil and gas sources that relied on data and conclusions made in the June 3, 2016 NSPS rule.

Nov. 8, 2017 EPA issued two Notices of Data Availability to justify its proposed compliance delay of the rule and solicit comments on certain proposed substantive changes.

July 31, 2017 Environmental groups asked the court to reissue its mandate and direct EPA to implement all provisions of the 2016 rule. The D.C. Circuit held thatEPA must enforce the methane rule.

July 7-13, 2017 EPA asked the court not to require the agency to carry out the rule, at least until EPA can decide whether to ask the full D.C. Circuit to reconsider, or appeal to the Supreme Court. The D.C. Circuit granted a limited stay of 14 days.

June 16, 2017 EPA proposed to delay key provisions of the methane rule for two years, acknowledging “associated climate and human health benefits” will be foregone as a result. The D.C. Circuit vacated EPA’s three-month delay of the methane rule on July 3, 2017.

June 5, 2017 EPA published its reconsideration of the two provisions referenced in the April 18, 2017 letter as well as two professional engineer certification requirements. EPA also delayed key provisions of the rule including the leak detection and repair (LDAR) requirements for three months. Environmental groups challenged the reconsideration and delay. Clean Air Council et al. v. Pruitt, Case No. 17-1145 (D.C. Cir.).

May 18, 2017 The D.C. Circuit suspended the case and directed EPA to submit 60-day status reports.

April 18, 2017 Administrator Pruitt informed industry that EPA will reconsider at least two parts of the 2016 methane rule: a provision for states to request permission to set alternative emission limits and treatment of low production wells.

March 28 – April 7, 2017 President Trump issued Executive Order on Promoting Energy Independence and Economic Growth directing EPA to reconsider the Obama administration rule . In response, EPA announced it would review the 2016 NSPS to determine if it needs to initiate additional rulemaking proceedings. 82 FR 16332. EPA moved to suspend the D.C. Circuit case while it reconsidered the rule.

March 1-2, 2017 Eleven states asked EPA Administrator Pruitt to cancel the ICR for existing oil and gas sources issued in November 2016. EPA agreed to cancel the ICR.

Jan. 5, 2017 The D.C. Circuit consolidates several challenges to EPA’s rule. American Petroleum Institute v. EPA, Case No. 13-1108 (D.C. Cir.).

Nov. 10, 2016 EPA issued an Information Collection Request (ICR) to operators, asking them to identify ways to control methane from existing oil and gas sources; covered facilities and processes including “onshore production, gathering and boosting, gas processing, transmission, storage, and liquefied natural gas (LNG) import/export.” This was the agency’s first step toward regulating existing oil and gas infrastructure for methane leaks, venting, and flaring.

Oct. 27, 2016 EPA published final “Control Techniques Guidelines for the Oil and Natural Gas Industry.” The document provided states with moderate ozone nonattainment areas information to help them determine reasonably available control technology (RACT) for VOC emissions. As a result of publication, states must amend their State Implementation Plans (SIPs) to address VOCs from existing sources via a set of controls that would reduce methane emissions occurring at those sources using RACT.

June 3 and Aug. 2, 2016 EPA finalized New Source Performance Standards (NSPS) for VOC and methane emissions from the oil and natural gas sector. Additional sources are covered under this rule. This rule triggered the obligation to regulate methane from existing wells and equipment. Industry petitioned EPA to reconsider the rule.

Sept. 23, 2013 and Dec. 31, 2014 EPA finalized amendments to the Aug. 16, 2012 NSPS amending and clarifying certain issues related to well completions and storage vessels, among others, and making technical corrections. 78 FR 58416 and 79 FR 79018.

Aug. 16, 2012 EPA finalized New Source Performance Standards (NSPS) for VOC emissions from new wells and other oil and natural gas equipment. This rule addressed methane emissions indirectly but did not apply to existing sources.